HomeMy WebLinkAbout1404 ' Mut 8570 (80) 7
CASH PURCHASE CONTRACT Contract
.481308 NO' 8-118-11
THlS CONTRACT. made this 12th day of March , Iq 80
1110 N. 2nd. Street
between TUXBDO FRUIT COMPANY of Ft . Pieree1 Fl. .33450
rSeller) s
and TROPICA'~A PRODUCTS. 1NC. of Bradenton. Florida (Buyer).
t
WITNESSETH:
1. Seller in consideration of the payments received and to be roceivod pursuant to_this contract agrees to sell. t
to Buyer all citrus fruit of good wholesome. merchantable and marketable quality, as follows:
All WEiITB GRAPHFRUIT (except LATE BLOOM) of the 1979-1980 season.
@ $1.00 per pound of solids delivered, less the actual cost, per 85# Weight box for
pick and load, and less $.20 per 85# Weight box for haul.
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Fruit must test 9:00 Brix with 8:00 Ratio, or better. ~
2. All fruit contracted to be purchased shall be delivered to Buyer on or before t3easOIIa1 _ ly 8D
provided Seller shall not be hampered or prevented from picking or shipping the same within said period by Act of G(xi, strikes,
railroad or other embargoes. quarantine or any othercondition, matter or thing, beyond its control, in which rase the time fur gathering ~
and shipping said fruit shall be eitended a length of time equal to the period of the hampering or preventipn caused as aforesaid. In the
event that through circumstances beyond his control Seller shall be unable to pick and load the fruit, Buyer may arrange fus some
person in the business of picking and loading fruit to d4 so, charging Seller for such service at Buyer's-cost. In the event that thn~ugh
circumstances beyond his control Seller shall be unable to transport the fruit, Buyer shall have the right to do su charging Seller for
such service per ninety (901b.) pound box for oranges, and eighty-five 185 Ib.) pound box for grapefruit. In both rases this shall be
Buyer's right, not obligation. ~ _ .
3. Without limiting meaning of °good wnoteau,uc, u~c.iuwu(au~c ar~u Itla~wcwu~c rl 15 agreed that In event Of '
substantial damage by weather, such as frost or freezing, wind, drought, hail, etc., Buyer may elect to abandon thts contract
which shall be done by registered mail ensiled not later than fourteen days after the termination of the breather condition
which catued the damage. sent to address given below whereupon Buyer shall be entitled to immediate refund of advance
payment less price of any fruit picked for which settlement has not been made. In such case Buyer may elect to take such
fruit as he shall consider useable, provided Buyer pays for it in accordance with the terms of this contract.
4. Buyer has this day advanced to Seller the sum of S . flee receipt
of which is hereby acknowledged by the Seller, which sum is in advance and part payment for said fruit at the price above ;
stated. Should Buyer, in breach of this contract, refuse to take this fruit, the amount remaining on deposit with the Seller a
shall be forfeited to Seller and shall be the sole damage hereunder.
S. If the value of the good wholesome, merchantable and marketable fruit available has not equalled the amount
paid by Buyer at the conclusion of the season provided for herein, the overage immediately will be returned by Seller to Buyer.
6. Seller warrants good title to said fraiC with lawful right to enter into this contract and warrants that it will be
free of all hens and rlaitns. The individuals signing this contract on behalf of Seller represent that they have authority to do so.
4 7, hone of the fruit identified in this oontrad is to be sold or delivered by Seller to anyone other than Buyer without
Buyers written permission. This rnntract is to be a lien upon the trait irrespective of an}' subsequent transfer of title to it.
' In the event of any attempt by Seller to sell to another, Buyer shall be entitled to injunctive relief, plus all other relief ~ cn
allowed by law.
~ 8. Bu}•er and Grower agrce that should legal, action be brought to enforce the terms of this contract, it ma}• be o ~ ~ ~
brought in Bradenton, Manatee County, Florid. It' is' ako`. agreed that should either party be required to bring legal z o x 'o
i action to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorneys fees and costs. ~ ~ m si.
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The TUXEDO FRUIT COMPANY GROVE known as the SBINN ROAD BLOCK, located approximately a
one mile south of Midway Road, on Shinn Road, being in St. Lucie County. ~
I
i~ THIS 1!!~TRllh!E!V7 PREPA?tD BY:
( ~ _ }
~ _ v I J~ I l\ V.
tx~nv-~ ~ s t_i,.,; '3`Jt~6 stGx. TvrtES: T~ FRUIT COMPANY
' WIT\ES'
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tie.k~ n Authordcd •1Rcn1
1110 N. 2nd. Street
Ft. Pierce, Florida 33450
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I ~ IR(~PICA~1 PR(Nri'('TS. 1\('
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R. Barnebey - esident
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e~K 328 ~~cf 1404